Will

otis2019

New member
Mar 6, 2023
1
0
My Husband has young onset dementia diagnosed last year 5years into the marriage this is my second marriage and I have grown up children , I owned my house outright when he moved in and he has never contributed to any bills or maintenance but did pay for weekly food bills and outings. I made an intention to marry will before all this happened as he had lots of debt and I didn't want him to inherit the house if I passed first . I have now been told I need to make a new will as if I pass first the courts/council can apply to take half of my house to pay for his care if he were to be receiving care at home before I passed !! is this right ....
 

canary

Registered User
Feb 25, 2014
25,059
0
South coast
I have now been told I need to make a new will as if I pass first the courts/council can apply to take half of my house to pay for his care if he were to be receiving care at home before I passed !! is this right ....
No its not.
Firstly, the house is disregarded for care at home, even if he owns the house entirely.
Secondly, its your house and will not be taken into consideration in a financial assessment while you are still alive if he needs to move into a care/nursing home.
Thirdly, when you die it depends on who you leave the house to. If you leave it (or part of it) to him in your will, then after you have died, if he needs a care home the house will become part of his assets and will have to be sold but only his portion of the house will be used for care home fees.
Fourthly, if he is left the house, or part of it, it will only become part of his assets from the date you died - it will not be applied retrospectively for care while you were still alive.

Edit to add - it may be that having married, your will is no longer valid and if you died you would be considered to be intestate. When this happens there are strict rules about who inherits - which may not be what you want. Do check up on the status of your will and make a new one if necessary
 
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